Electronic versions of out-of-print paperbacks

[murraypaul]

Originally Posted by DMcCunney

For suitable values of happy.

He wasn't unhappy about it - simply bemused. It doesn't affect his plans. He caters to the collectors market, and there are plenty of people who would buy deluxe hard bound slip cased editions of Piper works. (Like me...) Now he doesn't need to deal with anyone over over rights.

If he wished to, he could use the Project Gutenberg edition as a basis for his. Providing he removes any reference to PG, this is a permitted use.

[DMcCunney]

Originally Posted by Lady Fitzgerald

And yet we frequently see excessive awards granted, such has the McDonald's hot coffee case.

Sure. It's what a lawyer friend once referred to as the "Deep Pocket Doctrine" of jury trials, which may be stated as "The side perceived as having the money will pay, regardless of the facts of the case." Medical malpractice suits are a good example. Was the doctor in fact guilty of malpractice? The jury is unlikely to be qualified to make a valid judgment. The attitude will be "He's a doctor and makes a lot of money, and besides, the insurance will pay for it." It's why insurers offering malpractice coverage do everything they can to settle out of court regardless of the circumstances. If it comes up before a jury, they are almost certain to lose, and get hit a lot worse than any out of court settlement would do.

But it's highly unlikely in copyright suits, as those aren't likely to come before a jury.

No kidding. Thank you for stating the obvious. What set you off on this tangent?

Trying to make sure people reading the thread had a clear understanding.

It's true you do not have to register a copyright but can you show me one instance where someone successfully sued (in other words sued and received a favorable judgement) without having registered the copyright?

No, because I don't track copyright suits. But I've spoken to intellectual property lawyers, and they've been clear that you can sue without copyright registration. The question isn't whether you can prevail - it's what damages you can successfully claim. You need registration to go after the big bucks. If you are simply trying to stop someone from unauthorized distribution of your work, registration may be helpful but is not necessary.
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Dennis

[DMcCunney]

Originally Posted by murraypaul

If he wished to, he could use the Project Gutenberg edition as a basis for his. Providing he removes any reference to PG, this is a permitted use.

I'm aware of that, and so is he. Progress in this case is a matter of available time- his small press is a one man operation, and he has a full time job (as a salesman for a university press.)
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Dennis

[Lady Fitzgerald]

Originally Posted by DMcCunney

No, because I don't track copyright suits. But I've spoken to intellectual property lawyers, and they've been clear that you can sue without copyright registration. The question isn't whether you can prevail - it's what damages you can successfully claim. You need registration to go after the big bucks. If you are simply trying to stop someone from unauthorized distribution of your work, registration may be helpful but is not necessary.
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Dennis

From what I've read over the years (mostly related to the music industry), which includes material written by lawyers, courts just don't recognize copyrights unless they have been registered. Alternatives, such as sending mailing documents to one's self and keeping the envelope sealed, etc. are never recognized in court. You can sue (you can always sue, no matter how lame the reason) but you will never win, period. Award amounts do not even enter into the equation.